Madras High CourtHCP/1137/2017dismissed as infructuous

K.Saravanan v. The Inspector Of Police,

2017-07-21Honourable Mr Justice P. Kalaiyarasan,Honourable Mr Justice A. Selvam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.07.2017

CORAM:

THE HON'BLE MR.JUSTICE A.SELVAM AND THE HON'BLE MR.JUSTICE P.KALAIYARASAN H.C.P.No.1137 of 2017 K.Saravanan ... Petitioner vs.

1.Inspector of Police, E8-Kelambakkam Police Station, Kancheepuram District.

2.Venkatesan ... Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of habeas corpus to direct the first respondent to produce the body of the petitioner's minor daughter K.S.Keerthana, aged 5 years, before this Court and set her at liberty.

For Petitioner : Mr.Hasan Mohammed Jinnah For Respondents :Mr.V.M.R.Rajentren,Addl.P.P. for R1 Mr.F.Deepak for R2

ORDER

(Order of the Court was made by A.SELVAM,J.) This Habeas Corpus Petition has been filed under Article 226 of the Constitution of India, praying to direct the first respondent to trace out and produce the detenue, by name, Keerthana, aged 5 years, daughter of the petitioner.

2. The petitioner is present and he has been identified by his counsel.

https://hcservices.ecourts.gov.in/hcservices/

3.The second respondent/the maternal uncle of the detenue has produced her. The petitioner has identified her. 4.In fact, this Court has enquired the detenue and she does not like to go with the petitioner.

5.Considering the aforesaid factual circumstances and also considering the relationship between the detenue and second respondent, this Court feels that the custody of the detenue cannot be given to the petitioner. Further it is learnt that a guardian Original Petition is pending before the concerned forum. 6.Considering the aforesaid factual circumstances, the relief sought in the petition cannot be granted. The petitioner is at liberty to see the detenue in the house of the second respondent as and when he likes.

In fine this habeas corpus petition is dismissed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar msk To 1.The Inspector of Police, E8-Kelambakkam Police Station, Kancheepuram District.

2.The Public Prosecutor, High Court, Madras.

3.The Joint Secretary to Government, Public (Law & Order) Fort St.George, Chennai-600 009.

+1cc to Mr.Hasan Mohamed Jinnah, Advocate SR.No.51318 +1cc to MR.F.Deepak, Advocate SR.No.51459 H.C.P.No.1137 of 2017 AK(CO) GN(21/07/2017) https://hcservices.ecourts.gov.in/hcservices/